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Antitrust and Trade Regulation Commons

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Administrative Law

2023

Major questions doctrine

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Full-Text Articles in Antitrust and Trade Regulation

Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School Dec 2023

Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School

Reports and Resources

No abstract provided.


Antitrust Rulemaking: The Ftc’S Delegation Deficit, Thomas W. Merrill Jan 2023

Antitrust Rulemaking: The Ftc’S Delegation Deficit, Thomas W. Merrill

Faculty Scholarship

The Federal Trade Commission’s (FTC’s) recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed in terms of three frameworks: the major questions doctrine, the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This can be seen by considering the structure and history of the Act and is confirmed by the 1975 Federal Trade Commission Improvements Act. Given that the result follows from ordinary statutory interpretation, it is unnecessary for courts to consider the other two …